Exceptions to the 10% Early Retirement Withdrawal Tax

The word “exception” is therefore important: avoiding the additional tax does not necessarily make a withdrawal tax-free.

First, Know Which Account You Have

The rules are not identical for IRAs, 401(k) plans, 403(b) plans, and governmental 457(b) plans.

An often-overlooked distinction: governmental 457(b) plan distributions generally are not subject to the 10% additional early-distribution tax, except for portions attributable to certain amounts rolled into the plan from another type of retirement plan or IRA. Therefore, applying IRA rules to everyretirement account can be risky.

The Age 59½ Rule

For traditional IRAs and many qualified retirement plans, age 59½ is the general threshold after which the 10% additional early-distribution tax no longer applies.

Income tax may still be owed on previously untaxed amounts withdrawn.

The Age-55 Separation-from-Service Exception

Certain employer retirement plans have another important exception. If an employee separates from service during or after the calendar year in which the employee reaches age 55, distributions from that employer’s qualified plan may qualify for an exception to the 10% additional tax.

This exception generally does not apply to an IRA, which is one reason rolling a former employer plan into an IRA immediately after retirement can change the available withdrawal options.

Special rules may also provide an earlier threshold for certain qualified public-safety employees.

Other Common Exceptions

Depending on the account and circumstances, exceptions may also apply to distributions associated with:

• Death or qualifying disability.
• Certain unreimbursed medical expenses above the applicable AGI threshold.
• A series of substantially equal periodic payments.
• Qualified birth or adoption expenses, generally up to $5,000 per child.
• Certain qualified disaster recovery distributions.
• Certain IRS levies.
• Qualified first-time home purchases of up to $10,000—but this particular exception generally applies to IRAs, not qualified employer plans.
• Certain qualified higher-education expenses, another exception generally available for IRAs rather than employer qualified plans.

The details matter because Congress has not created one universal list that works identically across every account.

SECURE 2.0 Exceptions

SECURE 2.0 added several additional exceptions that became available beginning after 2023. One permits qualifying emergency-personal-expense distributions generally limited to one distribution per calendar year and the lesser of $1,000 or the applicable account-based limit. These distributions remain generally includible in income even though the 10% additional tax may not apply.

The law also added an exception for certain distributions to victims of domestic abuse. The statutory dollar limit is inflation-adjusted; for 2026, the IRS increased the relevant dollar limitation to $10,500, subject to the additional 50%-of-vested-benefit limitation and other requirements.

An exception also applies to qualifying distributions to terminally ill individuals when the applicable certification and other requirements are satisfied.

A Tax Exception Is Not a Retirement Strategy

Access to retirement money can be valuable when circumstances leave few alternatives. But, it can carry a substantial long-term cost.

Even if the 10% additional tax does not apply, a pre-tax withdrawal may still create ordinary taxable income. It may also reduce the amount remaining invested for retirement and potentially affect other parts of a tax plan.

In addition, an exception to the tax does not necessarily require an employer retirement plan to offer every type of distribution.

The Planning Takeaway

Before taking an early retirement distribution, identify the account type, reason for the withdrawal, tax character of the money, available exception, plan distribution rules, and alternatives outside the retirement account.

A short review before the distribution can be far more useful than discovering after the fact that the wrong account—or wrong withdrawal method—was used. 

If you’re ready to discuss your situation, schedule a complimentary meeting with us today.

Frequently Asked Questions

Are all retirement withdrawals before 59½ subject to a 10% penalty?

No. Numerous exceptions exist, and governmental 457(b) plans generally have different treatment.

Does the age-55 rule apply to an IRA?
 

Generally no. The separation-from-service exception applies to qualifying employer-plan distributions, not IRAs.

Can I use an IRA for a first-time home purchase without the 10% additional tax?
 

A qualifying first-time homebuyer distribution from an IRA may receive an exception up to a $10,000 lifetime amount under the applicable rules.

If an exception applies, is the withdrawal income-tax free?
 

Not necessarily. Many distributions remain taxable even when the additional 10% tax is waived.